Legal Question in Intellectual Property in Texas

I'm building a website for the swimming pool service company I work for, and want to make sure the photos we post on the website will be completely on the up and up. Our plans are to only include pictures we've taken, and not altered in the least.

We have two different categories of pictures. One category is of our customer's swimming pools. Typically there are no people in the pictures, and show the pool after it has been serviced. With the pictures being taken in the backyard, I'm concerned about the legality. I believe we're not trespassing because we've been authorized to perform the service in the on their personal property.

The second category of pictures would be of our employees and current team of technicians. Would we/ should we/ need we get a release from every employee giving us permission to use their likeness? Thank you.


Asked on 8/18/10, 8:58 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

On both, you should get permission. If you want to be on the up and up, as you say, that is what you will do. Besides, why take the risk of a claim against you, such as that your photo enabled some robber or one of your employees becomes a celebrity and claims you used their likeness without permission. Both remote, but strange things happen. Besides, asking permission shows your customers you care about them and are honest. Same with your employees. You do not need legal advice here, you need common sense and good business judgment.

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Answered on 8/29/10, 6:06 am


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